Thoughts on Life, Love, Politics, Hypocrisy and Coming Out in Mid-Life

Tuesday, July 05, 2016

The Financial Costs of GOP/Christofascists' Culture Wars are Skyrocketing

Time and time again we see legislators - almost always Republicans - using the culture was to turn out the spittle flecked, knuckle dragging elements of their party's base on election day. Other times, the approach may be to avoid primary challenges by the truly unhinged by embracing one of the three pillars of "family values" organizations: gay bashing, anti-abortion efforts, racism and disenfranchising non-white voters. In nearby Gloucester County, Virginia, we see anti-transgender bigotry playing out and litigation costs soaring simply because school board members lack the spines to stand up to the always hate-filled "godly folk." As a piece in the Washington Post notes, the costs of such sleazy behavior is sky rocketing. Here are excerpts:

The culture wars
are getting very, very expensive.

Once upon a time, politicians could use wedge issues to score
cheap political points, emphasis on “cheap.” Put a gay rights issue on the
ballot, or pass an antiabortion bill, and you could turn out the base at
bargain-basement prices.

Even better, with minimal risk to the public fisc, you might
be able to distract voters from other, thornier problems.

Facing a public education crisis? Take a
page fromNorth Carolina, and pass a
law regulating where and when people can pee.

Is your state so broke it’s shaving days off the school year?
CopyKansas, and implement some
draconian antiabortion legislation.

Have the highest uninsured population of anystate? Look to Texas, and
pass even more draconian antiabortion legislation.

Are your constituents unhappy with declining economic
opportunities? Check outIndiana,ArkansasandGeorgia, among others, and
introduce legislation to make it easier to discriminate against gay men and
lesbians.

Has your state’s credit been downgraded nine times? Is your
governor facing a sex scandal? Have you become the nation’s tragicomic
punchline?

It all sounds relatively inexpensive. Lately, though, the
ammo required in these culture wars has proved costlier than politicians, or
their constituents, may have counted on.

In North
Carolina, legislators last weekvotedto transfer $500,000 from the state’s
emergency response and disaster relief fund to pay for litigation of the
so-called bathroom bill. Good thing there are never any hurricanes in the Tar
Heel State, and there’s no chance of a Zika crisis in its mosquito-dense
coastal tourism areas.

Legal fees are likewisemountingin states that have attempted to bar
Planned Parenthood from receiving Medicaid funds (which often turns out to violate
federal Medicaid law), to implement constitutionally dicey
restrictions on abortion access, or both.

And of course in
some cases, such legal expenses are peanuts compared with the broader economic
costs of these culture-war laws.

After North Carolina passed its so-called bathroom bill,high-profile musicians such
as Bruce Springsteen canceled concerts, companies such asPayPaland Deutsche Bankwithdrew plans to expand in the state,
and events and trade shows werecalled off.politicians
ought to be transparent about what they’re sticking taxpayers with when they
choose to wage such culture wars.

Economic impact estimates are often more art than science,
but minimum litigation costs at least are easier to estimate. Particularly when
a state is considering a policy that has already come under serious legal
challenge elsewhere. And especially when a state is considering a measure that
courts have already repeatedly struck down, as with attempts todrug-test welfare recipients,
or to bar patients from seeing thequalified and willing Medicaid
provider of their choiceif
that provider is Planned Parenthood.

So
here’s an idea: Any time legislators pass a law already facing a major legal
challenge in another state, they should have to set aside funding for its
defense. It’s time to remind voters that in the constitutionally fraught
culture wars — as in everything else — there’s no such thing as a free lunch.

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Out gay attorney in a committed relationship; formerly married and father of three wonderful children; sometime activist and political/news junkie; survived coming out in mid-life and hope to share my experiences and reflections with others.
In the career/professional realm, I am affiliated with Caplan & Associates PC where I practice in the areas of real estate, estate planning (Wills, Trusts, Advanced Medical Directives, Financial Powers of Attorney, Durable Medical Powers of Attorney); business law and commercial transactions; formation of corporations and limited liability companies and legal services to the gay, lesbian and transgender community, including birth certificate amendment.

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